Disposed

M/S Nagamani Granites v. the State of Andhra Pradesh

Andhra Pradesh HC7 Feb 2024WP/3012/2024

Case brief

AI extract

What is this about?

A granite quarry lessee challenged a forest department notice taking custody of its properties in the leased area without show-cause notice or hearing. The court treated the notice as a show-cause notice and directed the respondents to consider the petitioner's explanation and pass orders after affording a hearing within three weeks.

What the court decided

AI extract

M/S Nagamani Granites Vs the State of… — Mining and Natural Resources | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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THURSDAY, THE EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON’BLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 3012 OF 2024

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Between:

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M/s. Nagamani Granites, Proprietor, R Madhu, Rep by its GP Holder, R Mohan Naidu, S/o R.Lingaiah Naidu, Aged about 47 Years, R/o D.No.3-29, Kothavenkatapuram Village, Thambugani Palle Post, Bangarupalem Mandal, Chittoor District, Andhra Pradesh.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Forest, Secretariat, Secretariat Building, Velagapudi, Amaravathi, Guntur District.

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The Principal Chief Conservator of Forest, Aranya Bhavan, P.V.S.Land Mark Near APIIC Towers, Mangalagiri, Guntur District-522503,^{AndhraPradesh.}

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The District Forest Officer, West Division, Chittoor,^{ChittoorDistrict.} 4. The Divisional Forest Officer, West Division, Chittoor,^{ChittoorDistrict.}

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The Forest Range Officer, Chittoor West Range, Chittoor,^{ChittoorDistrict.}

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ petition, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in taking custody of the all the properties of the petitioner^{whichareexistenceinthe} lease area in compartment No.218 of Veerasempalli B.R.F, Chittoor West Division, Yadamari Mandal, Chittoor District even without issuing show-cause notice and without providing opportunity vide procedings notice Rc.No. 1509/2014/TO dated 01.01.2024 is illegal, arbitrary and violative of Articles 14, 19, 21 and 300A of the Constitution of India and without Jurisdiction and consequently direct the respondents to release the properties of the petitioner which laying in leased forest area in compartment No.218 of Veerasempalli B.R.F, Chittoor West Division, Yadamari Mandal, Chittoor District, duly set-a-side the notice Rc.No. 1509/2014/TO dated 01.01.2024 of the 3^'^ respondent.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the operation of the proceedings notice^{Rc.No.1509/2014/TOdated} 01.01.2024 of the 3 rd respondent duly permitting the petitioner to carry^the quarry lease over an extent of 5.92 hectors in compartment No.218 of Veerasempalli B.R.F, "Chittoor West Division, Yadamari Mandal, Chittoor District, pending disposal of the Writ Petition.

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Counsel for the Petitioner: SRI. J. M. NAIDU

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Counsel for the Respondents No.1 to 5: GP FOR FORESTS

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The Court made the following: ORDER

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No.3012 OF 2024

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ORDER:

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This writ petition came to be filed under Article 226^of

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the Constitution of India, seeking the following relief

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“....to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3'''^ respondent in taking custody of^the all the properties of the petitioner which are existence in^theleasearea in compartment No.218 of Veerasempalli B.R.F, Chittoor^West Division, Yadamari Mandal, Chittor District even without issuing show-cause notice and without providing opportunity vide proceedings notice R.C.No.1509/2017/TO dated 01.01.2024^is illegal, arbitrary and violative of Articles 14, 19,^21and300Aof the Constitution of India and without Jurisdiction and consequently direct the respondents to release the^propertiesof the petitioner which laying in leased forest area in^compartment No.218 of Veerasempalli B.R.F, Chittoor West Division, Yadamari Mandal, Chittoor District, duly set-a-side^the notice Rc.No. 1509/2014/TO dated 01.01.2024 of the 3^^ respondent, and pass such other ....”

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The case of the petitioner, in brief, is that the petitioner was granted quarry lease of an extent of 5.400 Hectors^tothe compartment No.218 of Veerasempalli B.R.F, Chittoor^West Division, Yadamari Mandal, Chittoor District, for a period of 20 years with effect from 15.07.2005 to 14.07.2025 for

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quarrying of black granite with a condition that prior to completion of 10 years period, the petitioner has to produce clearance certificate obtained from the Forest Department for continuation of lease for further 10 years, subject to payment of dead rent of 1 month advance before the commencement of financial year.

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While the matter being so. the petitioner, after completion of 10 years, has obtained permission from the 4* respondent duly executing renewal mining lease of black granite over an extent of 5.92 hectors for a period of 10 years with effect from 26.05.2015 vide orders dated 07.12.2017. In pursuance to the order passed by the 2n<i respondent, the 4ti> respondent has directed the 5». respondent to comply with the order vide Rc.No. 1509/2016/TO dated 14.11.2017. In pursuance to which the Conservator of Forest, Ananthapuram Circle, has also directed all the Divisional Forest Officers to take immediate action. as required for compliance from the User Agency vide Rc.No. 1551/15/DM dated 22. 11.2017, for renewal of mining lease of the petitioner.

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While the matter being so, the respondent has issued impugned notice dated 01.01.2024 stating that the properties of the petitioner which are existing in the leased forest area, are being taken into the custody of the Forest Department, until further orders, on the ground that the petitioner^has violated the conditions stipulated by the Government^ofIndia wdeF.No.4-APC021/2D16-CHN/1508, dated 18.09.2017.

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The main grievance of the petitioner is that though^said impugned notice was issued without issuing any show-cause notice, there is a direction to take custody of the material existing in the leased forest area (diverted for mining) by the Forest Department. However, the petitioner has submitted an explanation dated 18.01.2024, thereafter no order has been passed as on today. Hence, the present Writ Petition.

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Heard learned counsel for the petitioner as well as learned Government Pleader for Forests appearing for the respondents.

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It is also brought to the notice of this court that as on today the leased properties of the petitioner granites are not taken into custody by the Forest Department.

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In view of the same, this Court, instead of keeping the Writ Petition pending, deems it appropriate to dispose of the Writ Petition, treating the impugned notice dated 01.01.2024 as a show-cause notice, directing the respondents to consider the explanation dated 18.01.2024 submitted by the petitioner and pass appropriate orders after duly affording an opportunity of hearing to the petitioner. The said process should be completed within a period of three (03) weeks, from the date of receipt of a copy of this order.

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Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

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As a sequel, miscellaneous applications pending, if any. shall also stand closed.

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//TRUE COPY//

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Sd/- K. SRINIVASA RAJU ASSISTANT REGISTJIAR SECTOfToFFICER

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To,

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The Principal Secretary, Department of Forest, State of Andhra Pradesh, Secretariat, Secretariat Building, Velagapudi, Amaravathi,^{GunturDistrict.} 2. The Principal Chief Conservator of Forest, Aranya Bhavan, P.V.S.Land Mark, Near APIIC Towers, Mangalagiri, Guntur District-522503,^{AndhraPradesh.} 3. The District Forest Officer, West Division, Chittoor,^{ChittoorDistrict.} 4. The Divisional Forest Officer, West Division, Chittoor,^{ChittoorDistrict.} 5. The Forest Range Officer, Chittoor West Range, Chittoor,^{ChittoorDistrict.} 6. One CC to SRI. J. M. NAIDU Advocate [OPUC] 7. Two CCs to GP FOR FORESTS , High Court of Andhra Pradesh. [OUT] 8. Three C.D.Copies nm gi

HIGH COURT

DATED:08/02/2024

ORDER

WP.No.3012 of 2024

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DISPOSING OFTHE WP WITHOUT COSTS

M/S Nagamani Granites v. the State of Andhra Pradesh

Case brief

What is this about?

What the court decided

M/S Nagamani Granites v. the State of Andhra Pradesh

Case brief

What is this about?

What the court decided

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